M/S. HOWRAH INSURANCE CO. LTD., Vs. SACHINDRA MOHAN DAS GUPTA.
HIGH COURT OF GAUHATI
M/S. Howrah Insurance Co. Ltd.,
Sachindra Mohan Das Gupta.
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R.S. Bindra, J. -
(1.) This Misc. First Appeal No. 4 of 1964, is directed against the order, dated 15 -5 -1964, by which the Subordinate Judge, Tripura, Agartala, rejected the objections filed by the surety, M/s. Howrah Insurance Co. Ltd., Calcutta, hereinafter referred to as the Company, under Sec. 47 of the civil P. C., hereinafter called the Code, against the execution application filed by the respondent herein, Sachindra Mohan Das Gupta, for recovery of Rs. 41,525/ - in terms of Sec. 145 of the Code.
(2.) The history of this litigation is both aching and disgusting to the judicial conscience inasmuch as it reveals extreme callousness on the part of the management of the Company and M/s. Das Bank Ltd., Calcutta, hereinafter called the Bank, in the matter of running the errands and supervising the functioning of the two concerns. The relevant facts establishing that charge will be narrated in the course of this judgment. If the way and the manner in which the two concerns have discharged their obligations connected with the litigation culminating in this appeal represent a sample of what is happening in the other like concerns in the country, it would amount to a sad reflection on the efficiency of the public Companies.
(3.) The facts bearing on this appeal have to be set out in details to permit appreciation of the points that arise for determination. On the basis of a mortgage deed executed by the respondent Das Gupta, on 10 -2 -1943, in favour of the Bank, a suit was instituted against him on 19 -1 -1950 for the recovery of the mortgage money on the original side of the Tripura High Court as it then was. Following the reorganisation of the Judicial Administration in the Territory of Tripura, the suit was transferred to the District Court for disposal One Adhir Ranjan Datta, an employee of the Bank, was appointed by the District Court as Receiver on 21 -1 -1950 for managing the mortgaged property during the pendency of the suit. That property was comprised of a Tea Garden called Ishan -chandrapur Tea Estate. The Court directed the Receiver, Adhir Ranjan Datta, to furnish security in the sum of Rupees 50,000 by an order dated 20th of February, 1950. The Receiver had taken over possession of the Tea Estate earlier on 22 -1 -1950. Adhir Ranjan Datta offered the Company as his surety and the Court agreed. The Company executed the surety bond on 26 -8 -50 In favour of the District Judge Shri R. M. Goswami and the same was accepted by the latter on 10 -10 -1950. The surety bond by its terms was made effective retrospectively with effect from 22nd of January, 1950.;
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